Posted on July 10, 2007 by Jason Johanson

MMS To Prepare Environmental Assessment For Lease Sale 206 (Central Gulf)

On June 27, 2007, the Minerals Management Service (MMS) issued its notice advising the public of its intention to prepare an Environmental Assessment (EA) for proposed OCS Lease Sale 206, which is the Central Gulf of Mexico lease sale to be held in March 2008. Notably, the EA will not include approximately 5.8 million acres located in the southeastern part of the Central Planning Area, which was made available for leasing by the Gulf of Mexico Energy Security Act of 2006. MMS believes that it would be premature to offer that area for leasing in proposed Lease Sale 206, due to the need to conduct additional environmental studies relating to the area. See 72 Fed. Reg. 35258 (June 27, 2007).
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Posted on July 6, 2007 by Stevia Walther

EPA and Army Corps of Engineers Publish Joint Guidance

By Robert E. Holden and Monica Derbes Gibson

 

The Environmental Protection Agency (EPA) and U.S. Army Corps of Engineers have released long-awaited guidance addressing jurisdictional determinations under the Clean Water Act (CWA) in the wake of Rapanos v. United States, 126 S. Ct. 2208 (2006).  There is general agreement that Rapanos limited the reach of the CWA, but the Court did not articulate a clear standard for determining whether or not a wetland or body of water is covered by the CWA.  In the guidance, EPA and the Corps explain how they will approach jurisdictional determinations in light of the Rapanos decision.  Click here to view the guidance.  The agencies will take public comments on implementation of the guidance until December 5, 2007.  Comments may be submitted online at  www.regulations.gov, to Docket No. EPA-HQ-OW-2007-0282, or by email to OW-Docket@epa.gov, with the docket number in the “subject” line. 

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